California Legislature—2015–16 Regular Session

Assembly BillNo. 426


Introduced by Assembly Member Melendez

February 19, 2015


An act to amend Section 530.5 of the Penal Code, relating to identity theft.

LEGISLATIVE COUNSEL’S DIGEST

AB 426, as introduced, Melendez. Identity theft.

Existing law provides that every person who willfully obtains personal identifying information, as defined, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment, as specified.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 530.5 of the Penal Code is amended to
2read:

3

530.5.  

(a) Every person who willfully obtains personal
4identifying information, as defined in subdivision (b) of Section
5530.55, of another person, and uses that information for any
P2    1unlawful purpose, including to obtain, or attempt to obtain, credit,
2goods, services, real property, or medical information without the
3consent ofbegin delete thatend deletebegin insert the otherend insert person, is guilty of a public offense, and
4uponbegin delete conviction therefor,end deletebegin insert conviction,end insert shall be punished by a fine,
5by imprisonment in a county jail not to exceed one year, or by both
6a fine and imprisonment, or by imprisonment pursuant to
7subdivision (h) of Section 1170.

8(b) In any case in which a person willfully obtains personal
9identifying information of another person, uses that information
10to commit a crime in addition to a violation of subdivision (a), and
11is convicted of that crime, the court records shall reflect that the
12person whose identity was falsely used to commit the crime did
13not commit the crime.

14(c) (1) Every person who, with the intent to defraud, acquires
15or retains possession of the personal identifying information, as
16defined in subdivision (b) of Section 530.55, of another person is
17guilty of a public offense, and uponbegin delete conviction therefor,end deletebegin insert conviction,end insert
18 shall be punished by a fine, by imprisonment in a county jail not
19to exceed one year, or by both a fine and imprisonment.

20(2) Every person who, with the intent to defraud, acquires or
21retains possession of the personal identifying information, as
22defined in subdivision (b) of Section 530.55, of another person,
23and who has previously been convicted of a violation of this
24section, upon conviction therefor shall be punished by a fine, by
25imprisonment in a county jail not to exceed one year, or by both
26a fine and imprisonment, or by imprisonment pursuant to
27subdivision (h) of Section 1170.

28(3) Every person who, with the intent to defraud, acquires or
29retains possession of the personal identifying information, as
30defined in subdivision (b) of Section 530.55, of 10 or more other
31persons is guilty of a public offense, and uponbegin delete conviction therefor,end delete
32begin insert conviction,end insert shall be punished by a fine, by imprisonment in a
33county jail not to exceed one year, or by both a fine and
34imprisonment, or by imprisonment pursuant to subdivision (h) of
35Section 1170.

36(d) (1) Every person who, with the intent to defraud, sells,
37transfers, or conveys the personal identifying information, as
38defined in subdivision (b) of Section 530.55, of another person is
39guilty of a public offense, and uponbegin delete conviction therefor,end deletebegin insert conviction,end insert
40 shall be punished by a fine, by imprisonment in a county jail not
P3    1to exceed one year, or by both a fine and imprisonment, or by
2imprisonment pursuant to subdivision (h) of Section 1170.

3(2) Every person who, with actual knowledge that the personal
4identifying information, as defined in subdivision (b) of Section
5530.55, of a specific person will be used to commit a violation of
6subdivision (a), sells, transfers, or conveys that same personal
7identifying information is guilty of a public offense, and upon
8begin delete conviction therefor,end deletebegin insert conviction,end insert shall be punished by a fine, by
9imprisonment pursuant to subdivision (h) of Section 1170, or by
10both a fine and imprisonment.

11(e) Every person who commits mail theft, as defined in Section
121708 of Title 18 of the United States Code, is guilty of a public
13offense, and upon convictionbegin delete thereforend delete shall be punished by a fine,
14by imprisonment in a county jail not to exceed one year, or by both
15a fine and imprisonment. Prosecution under this subdivision shall
16not limit or preclude prosecution under any other provision of law,
17including, but not limited to, subdivisions (a) to (c), inclusive, of
18this section.

19(f) An interactive computer service or access software provider,
20as defined in subsection (f) of Section 230 of Title 47 of the United
21States Code, shall not be liable under this section unless the service
22or provider acquires, transfers, sells, conveys, or retains possession
23of personal information with the intent to defraud.



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